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HomeMy WebLinkAboutResolution No. 1104 pur 7, COUNCIL 2ES0LUy1011 I10. 1104. jury o t A COU'CIL RESOLUTION PAS ^ O�"l EAST BABCOCi� STREET IN ORDERING DISCON^IUMD TF.E NORT N P XIS IC i,DDI�`IOTJ TO s .E CITY OF �OZi:y�TT, 192: 11ONTANA. hereto- 'WHEREAS, the City ''Jouncil of the Citi;T of Bozeman, hereto- the Fore on the 18th day of April , 1918 , passed , and the :.layor of said and City on said day approved Ordinance ITo. 487 o'' said City of Boze:.:an of 4 for the purpose of vacating; portions of certain streets in said Cit; City, including the nortion of Last Babcock ;-treet in the Torthern in pacific Addition to the said City of Bozeman, hereinafter described; the and, whereas , a question ha: been raised as to the legality and of regularity of tl:e proceedings of the City Council in vacating the lea -portion of the street hereinafter described; and in im~'REAS, the Mayor of said City did, by written communica- tion, on June 18th, 1921 , call the attention of the City Council to not said matter and requested that the City Council t:2ke the necessary and proceedings with a view of discontinuing that part of East Babcock pet Street in the Northern Pacific Addition to said City, extending from Cypress Avenue to Buttonwood Avenue , as originally platted, with the ma exception of the portion thereof extending hest from Cypress Avenue , di : a distance of One Hundred Tree (103) feet, and with the exception of the portion thereof within the folloring metes and bounds, to Wit: of Be-inning at a point in the South line of said .past Babcock .street, as originclly platted, Two Hundred Porgy Three (243) feet .test of the Pa( ':est line of Cypress Avenue ; ':once i1orth zixty (60) feet; thence Av( '„est sixty (60 ) feet ; thence South sixty (60) feet; thence oast sixty e«, (60) feet to the place of bo;zinning, said last excepted portion being iei a part of the paved street leading to the Bozeman Cemetery; and, me Vnereas, the Park Commission of the City of Bozeman fil_d ciith the �a City Council a petition in writing dated June 16, 1��21 , requesting X. the City Council to discontinue and vacate all that part of said Last th Babcock Street hereinbefore described; and LILLREAS , the City of Bozeman is the oioner of all the lots, pieces , and parcels of land on said portion of said street, all of �,�=ich said lots, pieces, and parcels of land are used for City park at 43 pur»oses and a pert of which is 1nio,-n as Lindle?,T Park a,id are under t�=e �urisdiotion and supervision of the par,.- Commission of t1--e City of Bozeman; and ,RL�'1;�, the City Council hcr,to*ore and on t, e 16th day of Jade , 1921, a ro^!ular session of the said City Council , made an order _Fixing T:.u_v--.d':Y, the 7th day of July, 1l,21, at 7 :30 o' cloc: , P.". of said day €,t •e to- the Coimcil Chamber of the ;`.ity Hall Building in said City as thc- ti..ie .a id and place for acting upon said request and petition, and upon t.e matter er-ian of discontinuin^ said portion of said street , and directinrn that the Cite Clor of said City give notice of said ihearin-, , specifying the time ern in said notice when said matter would be acted u-oon, and t:-le portion of ibed; the treet recnuestinn to be discontinued and which would be the Nub ject o= consideration, and directed that said notice sl all be posted for at f_e least one ,;eek before said 7th day of July, 1921, in three public daces In said '.7ity of -Sozeraan; and lira- T--)E S , due proof has been made to the City Council that such to notices were posted and notice of said hearing griven as req;tired by law; ry and this :ein,r�- the tir-e and place fixed for con:iderinc- said request and ck peti.icn and the matter of discontinuing said portion of said street ; fr o l Lnd it aYopearinm to the Ciiy Council after dul,T considerir_�-^ the the matter, that said portion of said ;street hereinafter described can be nue , di--continued without detriment to ti-e -otblic interests ; on of I C',",, TliLRLI'C . be it resolved and ordered by the City Council t: t e said City of Bozeman, State of L.ontana: a t , That all that portion f East Babcock street in the Iiorthern f the ;aci�ic .addition to said Cite, e:--tending: -rom Cy-oress Lvenue to Button�.00d 3 .VCtlue , as originally platted, with the c:�ception o- the portion thorec,f i�,ty e :tendin7 ;,'est from Cy,rress Avenue , a di •tance of One Hundred l.,_ree (1023) )ein, Foot, and t ith the e.-ception of the portion thereof -ithin ti_e -ollowing metes and bounds , to-wit : Be-inninm at a point in the South line of said :e .,,t ?_bcock street us on^finally platted, ''wo Hundred r'orty-1,1'ree oet '..est of the lest line of Cypress avenue ; thence north sixty (60) feet ; -ast ti:Euce ,;est sixty (60) feet ; thence South Zi.xty (6,. ) feet ; thence east ( 6J) feet , to the -place of bog:inning; be , and the is hereby ts, i continued and vacated. f Passed ar,d adopted by t;_e Cit,; Council of the City of Boze.,ian , rk -t a re-,llar session thereo ', held ofL the "th day of July, 1Sti1. r,rnroved by the :. ayor the 7th da-, of Jul,,r, 1921. Attest: kfayor 4, y er1